Can a paternity test be challenged in court?

Yes, a paternity test can be challenged in court in North Carolina. This is done through filing a motion to challenge the test. The challenging party must state the grounds upon which the test is being challenged, and the court will determine the validity of the challenge. If the court decides that the challenge is valid, then the paternity test may be thrown out. Some common challenges to a paternity test are that the sample used in the test was not collected correctly, the sample was not from the alleged father, or the testing laboratory did not follow proper protocols. There may also be challenges based on the chain of custody of the sample or the reliability of the laboratory used to conduct the test. Additionally, a person may file a motion to have their own paternity test done in lieu of the one that was originally given. If the results of the motion are accepted by the court, then the other party will be required to submit to a paternity test or risk not having the child support they seek. In North Carolina, the court has the final say as to the validity of the paternity test. It is important for any person filing a motion to challenge a paternity test to have an experienced attorney handle their case as the court process can be lengthy and complicated.

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